TERMS OF SERVICE

This website and the software developed by or for Laika Studio Photography, at any time is owned and operated by Laika Studio Photography. Accounts To obtain a Laika Studio Photography account, you must register as a member. You agree that all information you provide to us in the registration process will be accurate, current, Laika Studio Photography hereby grants you a limited, revocable, non-exclusive, non-transferable license to use the Service solely in accordance with these Terms of Service. You may only use the Service as expressly provided herein. Laika Studio Photography strives to make the Service available twenty-four (24) hours a day, seven (7) days a week. However, there may be occasions when the Service will be interrupted for maintenance, upgrades, repairs, or other reasons. You agree that Pic-time will not be liable for any such interruptions. You further agree that, except as otherwise expressly provided in a separate written agreement between Pic-time and you, Pic-time may modify, suspend, or discontinue the Service or any portion thereof at any time and without notice. 
1. Service website is aimed at professional photographers with the purpose of facilitating them with their commercial endeavors. The terms and conditions below apply to your use of this website and the content and services provided herein (collectively, the “Service”). They also apply to your selling of any photographic prints and other products offered by Laika Studio Photography or its users through the Service. These Terms of Service apply to all users of our Service, including casual visitors. Please read these Terms of Service carefully. By using the Service or any portion thereof, you agree and acknowledge to be bound by these Terms of Service, as well as to our Privacy Policy. If you do not agree to be bound by these Terms of Service, do not use the Service. You must be at least eighteen (18) years of age to use the Service. If you are not at least eighteen (18) years of age, do not use the Service. We reserve the right to modify the terms and conditions contained herein at any time in our sole discretion. So you must check these Terms of Service periodically for changes. Your continued use of the Service or any portion thereof following the posting of such changes (including but not limited to any changes to Pic-time's Privacy Policy, which is referenced below) will mean that you accept such changes. and complete, and that you will update this information from time to time as necessary to keep it accurate, current, and complete. You will be assigned or will be asked to choose, one or more passwords when you register as a member. You must keep your passwords confidential. You are responsible for all activities that occur under your passwords. You must notify Laika Studio Photography immediately if you believe any of your passwords are no longer confidential, or if you believe someone has used any of your passwords without authorization. Pic-time may, at any time and for any reason, require you to choose a new password. Except as otherwise expressly provided in a separate written agreement between Laika Studio Photography and you, Pic-time may cancel or discontinue your member account at any time and for any reason. 

3. Conduct 
You agree that you will not use the Service or any portion thereof:

  • for any unlawful purpose;
  • to upload, post, order for print, e-mail or otherwise transmit or communicate any material that (i) is offensive, blasphemous, unlawful, harmful, threatening, abusive, obscene, defamatory, or libelous, (ii) is likely to cause harm to, or allow unauthorized access to, the Service or to anyone else’s computer software or equipment (e.g., content that contains a computer virus, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service), or (iii) could otherwise give rise to any civil or criminal liability under applicable law, or is otherwise in any way objectionable;
  • for any commercial purpose other than as expressly permitted in a separate written agreement between Laika Studio Photography and you;
  • to transmit any advertising, promotional materials, junk mail, spam or any other forms of solicitation that have not been expressly authorized to you in writing by Laika Studio Photograph:
  • to attempt to access another member’s account without permission; to collect, intercept or harvest users’ names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent;
  • to impersonate another person or entity, or to misrepresent your affiliation with another person or entity;
  • to interfere with or disrupt (or attempt to interfere with or disrupt) the Service or servers or networks connected to the Service or to disobey and requirements, procedures, policies or regulations of networks connected to the Service;
  • To upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to Laika Studio Photography; or
  • to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.

You further agree that you shall not:

  • provide any information to Laika Studio Photography that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
  • upload or share information and/or content which you do not have permission (if applicable) to upload or share; or
  • Laika Studio Photography does not resell the Service or any portion of the Service. The Service may contain links to third-party websites. 

4. Links
Laika Studio Photography does not review content transmitted through the Service, and you acknowledge and agree that we are not responsible or liable for any photographs or other content uploaded, posted, or otherwise transmitted through the Service by photographers or other third parties. Laika Studio Photography does not reserve the right to delete any content that we, in our sole discretion, deem to be in violation of these Terms of Service or otherwise unacceptable. those sites, and has no control over the content or availability of those sites. Your access and use of such websites is at your own risk. Further, it is your responsibility to become familiar with the terms of service and other policies governing your use of those sites. 

5. Intellectual Property 
Except for the photographs and other content provided by you and/or third parties, all of the content on this website (including without limitation the graphics, design, trademarks, slogans, service marks, trade names, trade dress and look and feel) is owned by Laika Studio Photography 
does not and is protected by United States and international copyright, trademark, and/or other intellectual property rights laws. 
You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by Pic-time. 
You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means). 
No part of this website may be reproduced on or transmitted to or stored in any other websiteorother form of electronic retrieval system. 
You acknowledge and agree that nothing in these terms of use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights contained within the Service or its content or any part thereof to you or any third party nor to authorize you to create derivative works based on the content. 

For photographs,filesand text posted through your account:endorse

  • You hereby represent and warrant that, with respect to the content that you post on this website, you have all necessary rights to post such content and to grant the rights and licenses to such content as granted herein.
  • You hereby grant to Pic-time a royalty-free, fully paid up, irrevocable, nonexclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, transmit, distribute, and otherwise exploit such content and any derivatives thereof in any form, medium, technology, or manner now known or later developed, solely for purposes of providing and improving the Pic-time service in any media formats and through any media channels.
  • The photographs uploaded to your account will be presented in Pic-time as photographs owned by you.
  • Pic-time may, at its own discretion, remove hide any of the content posted under your account.
  • You may, at your own discretion, request Pic-time to remove your data. Your data will be deleted, unless Pic-time believes there is a legal reason preventing it from doing so. In such cases, unless there is a legal reason preventing Pic-time from notifying you, you will be notified.

6. Reporting Copyright and Other Violations 
You will remove immediately any content from your account if you are becoming aware that the content does not comply with the Pic-time policy or you are requested to do so by Pic-time. otherusers, and is not responsible for the acts or omissions of those third parties. However, Pic-time respects the intellectual property, privacy, and publicity rights of others, and we ask photographers and other users of the Service to do the same. If you (copyright owner or an agent representing the copyright owner) believe your photograph appears on this website without your consent and you wish to have it removed, please write an e-mail to [email protected] with your request. 
Please provide the following information in your request (and you acknowledge that such notice and/or information may be forwarded to the alleged infringer):and

  1. identification of the copyrighted work (or, if multiple copyrighted works are at issue, a representative list of such works) that you claim has been infringed;
  2. identification of the material on the website that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access which is to be disabled, and information reasonably sufficient to permit Pic-time to locate such material;
  3. information reasonably sufficient to permit Pic-time to contact you, such as an address, telephone number, and, if available, an electronic mail (e-mail) address;
  4. a statement that you have a good faith belief that use of such material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. a statement that the information in your notice is accurate and, under penalty of perjury, that you are the owner of the exclusive right that is allegedly infringed or that you are authorized to act on behalf of that owner; and
  6. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.


Following receipt of your notice, Pic-time may, at its discretion, remove the allegedly infringing content. Additionally, Pic-time may, at its discretion, terminate the account of the member who posted the allegedly infringing content. 
If any of your content is removed as a result of any such notice received by Pic-time and you believe that such content does not infringe on a copyright, or that you have proper authorization from the rightful copyright owner, their agent, or pursuant to the law to post and use such content, you may send a counter-notice that contains all of the following information to [email protected]:

  1. identification of the content that has been removed or disabled and the location where the content appeared prior to being removed or disabled;
  2. a statement that you believe in good faith that the content was removed or disabled as a result of a mistake;
  3. your contact information including your name, address, phone number, and, if available, an e-mail address;
  4. a statement that you consent to jurisdiction of the court in New York, NY;
  5. a statement that you will accept service of process from the person that provided notification of the alleged infringement; and
  6. your physical or electronic signature.

In the event that an order cannot be fulfilled due to the photo high-resolution files not being available on the Site, Pic-time will make its best commercial efforts to cancel the order and refund the online customer. The photo store works
Pic-time provides a photo-store. The fulfillment process of orders in this store requires that you (if you are a user providing your services as a photographer) make the photo high-resolution-files (the originals that were uploaded) available for the Pic-Time Uploader Software. If these files were removed or moved from their uploaded position, you should follow the steps of making these files available again. Failing to do so will be considered by Pic-time a breach of these Terms of Service. Pic-time may, at its discretion, shut down your account as a result of that. 
7. Product Store 

If a counter-notice is received by us, Pic-time may, at its discretion, send a copy of the counter-notice to the initial complaining party and may inform that person that Pic-time may, at its discretion, restore the removed or disabled content in ten (10) business days. The removed content may be restored within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Pic-time’s sole discretion, unless the initial complaining party files an action seeking a court order against the party that posted the content at issue. revenue sharing model as defined by your Subscription package. Any canceled order will not be considered for revenue sharing. 
FOR THE AVOIDANCE OF DOUBT, NOTWITHSTANDING THE ABOVE UNDER THIS SECTION HEADED “PRODUCT STORE”, PIC-TIME WILL NOT BE RESPONSIBLE FOR REFUNDING CUSTOMERS WHO HAVE PLACED ORDERS THROUGH THE SITE. ONCE ORDERS ARE FULFILLED, MONIES PAID IN CONSIDERATION FOR ANY ORDER ARE PASSED TO THE THIRD PARTY PHOTO LAB AND ANY RETURNS AND/OR REFUNDS ARE SUBJECT ENTIRELY TO THE RETURN AND/OR REFUND POLICY OF THAT PHOTO LAB. 

8. Photo Store Product Satisfaction Policy 
Pic-time is committed to customer satisfaction. In case of a dispute, Laika Studio Photography 
 will notify the account owner and may also, at its sole discretion, choose to cancel the order and refund the customer where payment has not yet been made to the third party photo lab. 

9. Subscription 
Pic-time offers a few subscription plans for registered photographer accounts. Pic-time may, at its sole discretion, change the services provided in these plans or change the plan structure. Pic-time can choose, at its sole discretion, to remove an account from any of the subscription plans. A notification will be made public prior to these changes. Payments for these plans are made automatically by a 3rd party online collection service selected by Pic-time. The payments are made in advance on a monthly bases. Canceling subscription will be effective from the next payment. No refund will be made on cancelation. A refund will be made in the cases where the service was down for a period that is longer than 24 hours. 

10. Storage 
Pic-time offers a few backup-storage plans for registered photographer accounts. This service is intended to provide a backup location for the files and not as the primary storage for the photos. Although Pic-time makes its best to keep this storage safe and secure, by using this service you acknowledge that in the event of loss of data or break-in Pic-time will not be held accountable for the damages. Pic-time may, at its sole discretion, change the services provided in these plans or change the plan structure. Pic-time can choose, at its sole discretion, to remove an account from any of the storage plans. A notification will be made public prior to these changes. Payments for these plans are made automatically by a 3rd party online collection service selected by Pic-time. The payments are made in advance on a monthly bases. Canceling a storage plan will be effective from the next payment. No refund will be made on cancelation. A refund will be made in the cases where the service was down for a period that is longer than 24 hours. Pic-time is using various backup and network acceleration systems. Removing content completely from the Pic-time platform may take time and will not be immediate. 

11. Disclaimers 
YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE CONTENT, AND THE PRODUCTS ARE ALL PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE SERVICE, THE CONTENT, AND/OR THE PRODUCTS (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE) ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PIC-TIME DOES NOT WARRANT THAT ACCESS TO THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS IN THE SERVICE, THE CONTENT, OR THE PRODUCTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIC-TIME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICE OR ANY CONTENT OR PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, THE CONTENT, AND THE PRODUCTS IS AT YOUR OWN RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SUBMISSION OF ANY DATA OR IMAGES TO PIC-TIME, AND THE UPLOAD OR DOWNLOAD OF ANY DATA OR IMAGES THROUGH THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF OR DAMAGE TO SUCH DATA OR IMAGES. YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUPS OF ALL DATA AND IMAGES THAT YOU UPLOAD TO THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

12. Limitations of Liability 
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PIC-TIME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS (COLLECTIVELY, “INDIRECT DAMAGES”), IN ANY WAY ARISING OUT OF OR RELATED TO THE SERVICE AND/OR ANY PRODUCTS, EVEN IF PIC-TIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PIC-TIME’S MAXIMUM, AGGREGATELIABLITY TO YOU IN CONNECTION WITH THE SERVICE AND/OR ANY PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNTS THAT YOU HAVE PAID TO PIC-TIME IN CONNECTION THEREWITH. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT SUCH LIMITATIONS DO NOT APPLY TO YOU, THEN PIC-TIME’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, AND PIC-TIME’S LIABILITY FOR INDIRECT DAMAGES SHALL NOT EXCEED $100.00. 

13. Indemnification 
You agree to indemnify and hold harmless Laika Studio Photography 
, and its subsidiaries, affiliates, licensors, employees, agents, and representatives from and against any and all claims, losses, expenses, costs, and damages (including but not limited to direct, indirect, incidental, consequential, special, punitive, and exemplary damages, and reasonable attorneys' fees), incurred by any of them in connection with or as a result of (a) any images or other content that you post on this website or otherwise transmit through the Service, (b) any use or misuse of the Service by you or any other person who accesses the Services using your account, (c) any violation of these Terms of Service by you or any other person who accesses the Services using your account, or (d) any violation of any rights of a third party. 

14. Software
In connection with the Service, Pic-time may make software available to you. To download such software, you may be required to agree to a separate software license agreement. Third party software is subject to that third party's terms and conditions, and the agreement will be between you and that third party. Pic-time does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms, or Trojan horses. Laika Studio Photography does not offer any warranty on any software that you download. Moreover, you are responsible for compliance with all applicable laws, including but not limited to United States export laws and regulations, when you use or export any software or materials provided in connection with the Service. 

15. International Use 
Laika Studio Photography makes no representation or warranty that the Service or its content is appropriate or available for use in locations outside the United States, and accessing them from territories where they are illegal is prohibited. Those who choose to access the Service or its content from other locations do so on their own initiative and are responsible for compliance with all applicable local laws. 

16. Privacy Policy 
Laika Studio Photography 
is committed to safeguarding your privacy. Please review Pic-time’s Privacy Policy. The terms of our Privacy Policy are incorporated into, and constitute a part of, these Terms of Service. 

17. Email Policy 
You may receive emails from Pic-time if (a) your email address is listed with us as someone who has willingly shared such address for the purpose of receiving information in the future ("opt-in"), or (b) you have registered as a member of the Service, you have purchased one or more Products, or you otherwise have an existing relationship with us. In every email that we send you, Pic-time intends to include an easy way for you to choose to cease receiving emails from Pic-time. Please note that, if you do choose to cease receiving emails from Pic-time, it can take up to seven (7) business days for your instructions to take effect. If you have received any unwanted, unsolicited emails from Pic-time (or purporting to be sent from Pic-time), please forward a copy of that email with your comments to [email protected] for review. We respect your time and attention by monitoring the frequency of our mailings. 

18. Electronic Communications 
When you visit Pic-time’s website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

19. Sharing Content 
When you give permission to another person to view your photos, keep in mind that that person is then able to print your photos and, also, to share them with others.

©Laika.Studio.Photography
 
User Agreement